Definitions

"factory" means a building, premises, workshop, structure, room or
place

(a) where any manufacturing process or assembling in connection with the
manufacturing of products is carried on,

(b) where thermal, hydraulic, electrical or other form of energy or power is used to
move or work any machinery or device in the preparing, inspecting, manufacturing or
finishing, or in a process incidental to the preparing, inspecting, manufacturing or
finishing, of a product or is used to aid the manufacturing carried on there,

(c) where manual labour is performed by way of trade or for purposes of gain in or
incidental to the making of a product, or the altering, repairing, ornamenting,
finishing, storing, cleaning, washing or adapting for sale of a product, or

(d) used for the maintenance of aircraft, locomotives and motor vehicles;

"fire department" includes fire brigade;

"fire services personnel" means persons regularly employed by a municipal
fire department, appointed as auxiliary members of a fire department, or acting
voluntarily as fire fighters;

(c) a boarding house, lodging house, club or any other building, except a private dwelling, where lodging is provided;

"local assistant" means a local assistant to the fire commissioner as
described in section 6;

"means of exit" means a continuous path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other exit
facility, or a combination of them, for the escape of persons from any point in a
building, floor area, room or contained open space to a public thoroughfare or other
unobstructed open space and includes exits and access to exits;

"occupier" includes

(a) a tenant, lessee, agent and any other person who has the right of access to and
control of a building or premises to which this Act applies, and

(b) in relation to common property and common facilities in a strata plan, the
strata corporation;

"Provincial building regulations" means the Provincial building
regulations as defined in the Community Charter;

"public building" includes a factory, a warehouse, store, mill, school, hospital, theatre, public hall, office building and any building other than a private
dwelling house;

"storey" means a division of a building between a floor, not below the
grade level of the surrounding ground, and the floor or roof next above;

(4) Staff required for the work of the fire commissioner must be appointed under the
Public Service Act.

Duties of fire commissioner

3(1) The fire commissioner must, for fire prevention and inspection, do the
following:

(a) collect and disseminate information about fires in British
Columbia;

(b) investigate and inquire into a fire as the fire commissioner believes
advisable;

(c) investigate conditions under which fires are likely to occur;

(d) study methods of fire prevention;

(e) give the advice and recommendations the fire commissioner considers necessary
on matters in subsection (2).

(2) Matters for advice and recommendation of the fire commissioner are the
following:

(a) provision of an adequate water supply;

(b) installation and maintenance of a fire alarm system and fire extinguishing
equipment;

(c) enactment and enforcement of municipal bylaws for fire prevention or to
protect life and property from fire;

(d) planning of a municipal area to protect against fire;

(e) lightning rods;

(f) any other fire prevention and inspection matter.

(3) The fire commissioner must, for fire suppression, do the following:

(a) consult with and give information and advice to fire chiefs and fire
departments;

(b) establish, in consultation with the advisory board and subject to the
minister's approval, minimum standards for selection and training of fire services
personnel;

(c) give the advice and recommendations the fire commissioner considers necessary
on the establishment of fire departments.

(4) The fire commissioner must help to enforce all enactments on combustibles,
explosives and other flammable matter.

(5) The fire commissioner must perform other duties required by the
minister.

Fire Services Advisory Board

4(1) The Fire Services Advisory Board is continued consisting of the fire
commissioner as chair and other members appointed by the Lieutenant Governor in
Council.

(2) The members of the advisory board hold office for the term determined by the
Lieutenant Governor in Council.

(3) Each member of the advisory board must be reimbursed for reasonable travelling
and out of pocket expenses necessarily incurred by the member in the discharge of duties
and, in addition, must be paid the remuneration for services set by the Lieutenant
Governor in Council.

Duties of advisory board

5The advisory board

(a) may advise the fire commissioner on all aspects of operational fire
services,

(b) must, on request of the minister, investigate and prepare a report on fire
suppression, and

(c) must perform other duties required by the minister.

Long service and bravery medals

5.1(1) In recognition of the significant contribution to the protection of persons and
property that is made by fire fighters and others involved in the provision of fire
services, the fire commissioner may issue medals for long service.

(2) In recognition of bravery beyond that expected of fire fighters and others
involved in the provision of fire services in the normal course of their duties, the
fire commissioner may issue medals for bravery.

(3) Long service and bravery medals issued by the fire commissioner before this
section comes into force are deemed to be medals issued under this section.

Local assistants

6(1) The local assistants to the fire commissioner are as follows:

(a) in a municipality that maintains a fire department, the fire chief and persons
authorized in writing by the fire chief to exercise the powers of a local
assistant;

(b) in a municipality that does not maintain a fire department, the mayor of the
municipality or another person appointed as a local assistant by the fire
commissioner;

(c) in any other part of British Columbia, a person appointed as a local assistant
by the fire commissioner.

(2) The fire commissioner may appoint local assistants for the purposes of this
Act.

(3) If no local assistant has been appointed in an area of British Columbia not in a
municipality or the appointed local assistant has ceased to act, the members of the
police force or police department stationed in the area are local assistants until
another local assistant is appointed by the fire commissioner.

Peace officer

7The fire commissioner and the commissioner's inspectors, and local assistants have
the powers of a peace officer for the purposes of this Act.

Fire districts

8The fire commissioner may by notice in the Gazette constitute a part of British
Columbia not included in a municipality into a fire district, and extend, reduce or annul
the fire district.

Investigation of fires

9(1) To ascertain whether a fire was due to accident, negligence or design, a local
assistant must, within 3 days after the fire, excluding holidays, investigate or have
investigated in a general way the cause, origin and circumstances of each
fire

(a) occurring in the municipality, district or part of British Columbia for which
he or she is a local assistant, and

(b) destroying or damaging property or as a result of which death has
occurred.

(2) Immediately after an investigation under subsection (1), the local
assistant must submit to the fire commissioner a report containing

(a) all facts ascertained about the cause, origin and circumstances of the fire,
and

(b) any further information required by the fire commissioner.

(3) The report required under subsection (2) must be submitted in a format and by
the means approved by the fire commissioner.

Authority to enter

10(1) The local assistant, the fire commissioner and the commissioner's inspectors
have authority at all times, by day or night, to enter and to examine a building,
premises, motor vehicle, vessel or railway rolling stock where a fire has occurred, and,
if necessary, those adjoining or near the fire.

(2) An investigator may exclude a person from the building, premises, motor vehicle,
vessel or railway rolling stock where the fire has occurred.

Duty of persons to furnish information

11(1) It is the duty of the occupier or, if none, of the owner of a building,
premises, motor vehicle, vessel or railway rolling stock where a fire occurs to report
the fire immediately to the local assistant, or to a Provincial or municipal police
officer or constable in whose district the fire occurs.

(2) It is the duty of every owner and occupier of, and every person residing or
employed at, a building, premises, motor vehicle, vessel or railway rolling stock where
a fire occurs to furnish, at the request of the local assistant, fire commissioner or
the commissioner's inspectors, information he or she has relating to a fire or the
property it destroyed or damaged.

Remuneration of local assistant

12For each fire investigated and reported by a local assistant to the satisfaction
of the fire commissioner, the local assistant must be paid out of the consolidated revenue
fund the sum prescribed by the Lieutenant Governor in Council and his or her necessary
expenses in obtaining required information.

Preliminary report of suspicious fire

13(1) If a fire appears to be of suspicious origin, the local assistant and each
insurer interested in the property destroyed or damaged by it must immediately make a
preliminary report to the fire commissioner, stating

(a) the name of the owner and occupier of the property,

(b) the location, use and occupancy of the property,

(c) the date of the fire, and

(d) the facts that tend to establish the cause or origin of the fire.

(2) A preliminary report must be in addition to the report under section 9
or 19.

Inquiry by fire commissioner or other person

14(1) On receipt of a preliminary report, or in a case where he or she thinks it
advisable, the fire commissioner may

(a) hold an inquiry into the cause, origin, and circumstances of the fire,
or

(b) direct a judge of the Provincial Court, Justice of the Peace or a competent
person to hold the inquiry.

(2) A person directed by the fire commissioner to hold an inquiry must without
delay, on completion of the inquiry, send a report of the inquiry to the fire
commissioner.

(3) The report under subsection (2) must give the person's opinion on the
cause and origin of the fire and whether it appears to be of incendiary
origin.

(4) The evidence taken at the inquiry must also be sent to the fire
commissioner.

Retention of insurance money

15(1) Pending an inquiry under section 14, the fire commissioner may permit the
withholding of payment under a policy of insurance on property destroyed or damaged by
the fire for a period of not longer than 90 days after completion of the proof of loss,
despite a statutory provision or a condition in the policy to the contrary.

(2) The insurer and the insured must be notified by registered letter of action
under this section.

Powers and procedure at inquiry

16(1) If the fire commissioner or a person holds an inquiry under this Part,
sections 43 to 53, 55, 65 (2) and (3) and 67 (1) of the Offence Act apply, with the necessary changes except that in applying
section 67
(1), the limitation on adjournment is 30 days.

(2) The fire commissioner or a person holding an inquiry has the following
powers:

(a) to enter, as set out in section 10;

(b) to hold the inquiry in private, to exclude persons not required or permitted
by this Act to be present, and to keep witnesses apart from each other so that they
may not communicate with each other until they have been examined;

(c) to employ the technical, scientific, clerical or other assistance he or she
considers necessary;

(d) to require the assistance of peace officers.

(3) For an inquiry in a municipality, other than the Cities of Vancouver and
Victoria, the municipality must, if no suitable place in a Provincial building is
available, at the request of the fire commissioner provide a suitable place to hold the
inquiry.

(4) If no suitable place is provided, one may be procured at the expense of the
municipality.

(5) The fees payable to justices and to witnesses under the Offence Act are payable, with the necessary changes, for an inquiry under
this Part, but no fees are payable to a judge of the Provincial Court.

(6) Fees and necessary expenses for an inquiry under this Part must be paid out of
the consolidated revenue fund.

Right of interested person to be present

17A person interested may appear at an inquiry and be heard in person or by
counsel.

Report to Attorney General of evidence of arson

18If there is evidence sufficient to charge a person with the crime of arson or an
attempt to commit arson, the fire commissioner must at once report to the Attorney
General, and provide the Attorney General with the evidence the fire commissioner
possesses and the names of witnesses.

Report by insurer

19(1) A taxable insurer must furnish to the fire commissioner at the end of each
calendar month a report, in the form provided, of every fire in which it is interested
as insurer occurring in British Columbia during the month.

(2) In the case of any insurance claim made against any insurer other than a taxable
insurer, in respect of a fire occurring in British Columbia, the person making or
adjusting the claim must furnish to the fire commissioner a report in the form
provided.

Record of reported fires

20(1) The fire commissioner must keep a statistical record of all fires reported to
the fire commissioner.

(2) The record referred to in subsection (1) must be available at the office of the
fire commissioner for inspection by the public.

(3) The fire commissioner may allow a person to inspect a document in the office of
the fire commissioner relating to a reported fire and may supply a person with a copy of
a document on payment of the prescribed fee.

(4) The Lieutenant Governor in Council may prescribe fees for the purposes of
subsection (3).

Inspection of fire hazards

21On complaint of a person interested or, if believed advisable, without complaint,
the fire commissioner and the commissioner's inspectors may at all reasonable hours enter
any premises anywhere in British Columbia to inspect them and ascertain whether or not any
of the following conditions exist:

(a) the premises are in a state of disrepair that a fire starting in them might
spread rapidly to endanger life or other property;

(b) the premises are so used or occupied that fire would endanger life or
property;

(c) combustible or explosive material is kept or other flammable conditions exist on
the premises so as to endanger life or property;

(d) a fire hazard exists on the premises.

Order to remedy conditions

22(1) After an inspection the fire commissioner, or an inspector with the fire
commissioner's authority, may in writing order that within a reasonable time, to be set
by the order,

(a) if section 21 (a) applies, the owner remove or destroy the premises, or the
owner or occupier repair the premises,

(b) if section 21 (b) applies, the owner or occupier alter the use or occupancy
of the premises,

(c) if section 21 (c) applies, the occupier remove or keep securely the
combustible or explosive material or remedy the flammable conditions, and

(d) if section 21 (d) applies, the owner or occupier remove or take proper
precautions against the fire hazard.

(2) After the receipt of an order, the owner, occupier or person in charge must
comply with it.

(3) Subject to an agreement to the contrary,

(a) the cost of complying with an order must be borne by the owner, and

(b) if the occupier pays the cost, the occupier has a right of action or set off
against the owner for the cost actually and necessarily paid in complying with the
order.

(4) [Repealed 1997-25-6.]

Order where owner absent

23(1) If there is no occupier of premises about which an order is made, and the owner
is absent from British Columbia or the owner's whereabouts are unknown, the fire
commissioner may carry out an order involving an expenditure of not more than $100 and,
with the approval of the Attorney General, any other order.

(2) If the land on which the premises are located is in a municipality, the fire
commissioner must certify to the municipal financial officer the costs actually and
necessarily incurred in carrying out the order.

(3) The municipal officer referred to in subsection (2) must pay the
amount to the fire commissioner from the ordinary revenue of the
municipality.

(4) The amount paid under subsection (3) forms a special charge, within the meaning
of section
250 [taxes are a special charge on the land] of the
Community Charter, on the land and the improvements in favour of the municipality, and is for all purposes deemed to be delinquent taxes on the
land under that Act from the date of the payment.

(5) The Community Charter applies to the collection and recovery of amounts deemed to be delinquent taxes under subsection
(4).

(6) If the land on which the premises are located is a rural area, the fire
commissioner must certify the cost to the surveyor of taxes.

(7) Costs certified under subsection (6) form a lien and charge on the land in
favour of the government and are for all purposes delinquent taxes from the date of the
certificate.

(9) Money recovered under a certificate under subsection (6) must be accounted
for as part of the consolidated revenue fund.

Power of local assistants

24A local assistant may, in the municipality or part of British Columbia for which
he or she is a local assistant, exercise the powers conferred by sections 21 and
22
and, with the written approval of the fire commissioner, the powers conferred by section
23.

Emergencies

25(1) If an emergency arising from a fire hazard or from a risk of explosion causes
the fire commissioner to be apprehensive of imminent and serious danger to life or
property, or of a panic, the fire commissioner may immediately take the steps he or she
thinks advisable to remove the hazard or risk.

(2) For the purposes of subsection (1), the fire commissioner may evacuate a
building or area, and may call on the police and fire prevention authorities who have
jurisdiction to provide assistance.

(3) If the fire commissioner believes that conditions exist in or near a hotel or
public building, that, in the event of a fire, might seriously endanger life or
property, the fire commissioner may immediately take the action he or she believes
advisable to remedy the conditions to eliminate the danger and may evacuate and close
the hotel or public building.

(4) For the purposes of subsection (3), the fire commissioner may call on the
assistance of peace officers and fire prevention authorities.

(5) An appeal by petition to the Supreme Court may be taken by a person injuriously
affected by the closure of a hotel or public building under subsection
(3).

(6) The petition must be filed in the court registry within 5 days after the order
of closure and the fire commissioner must be given notice in writing of the
petition.

(7) The court may make any order it considers just.

(8) An appeal from an order under subsection (7) lies to the Court
of Appeal with leave of a justice of the Court of Appeal.

Municipal duty to inspect hotels and public buildings

26(1) A municipal council must provide for a regular system of inspection of hotels
and public buildings in the municipality.

(2) A municipal council may authorize persons, in addition to the local assistant,
to exercise within the municipality some or all of the powers under sections 21
to 23.

Appeal to fire commissioner

27(1) If a local assistant makes an order under sections 21 to 24 to remove or to keep
secure combustible or explosive material or to remedy a flammable condition, the
occupier may appeal to the fire commissioner by registered letter mailed within 48 hours
after receipt of the order.

(2) If a local assistant makes an order under sections 21 to 24 to repair, remove or
destroy premises, or to alter the use or occupancy of premises, or to remove or to take
proper precautions against a fire hazard, the owner or occupier may appeal to the fire
commissioner by registered letter mailed within 10 days after receipt of the
order.

(3) The fire commissioner must promptly investigate each appeal, affirm, modify or
revoke the order appealed from, and in writing communicate the decision and the reasons
to the owner or occupier and to the maker of the order.

Other appeals

28(1) If an order under section 21, 22, 23,
24, 27 or 30 involves the loss or expenditure of more than $500,
the owner or occupier, if dissatisfied with the order or decision, may, within 5 days of
its receipt apply for review of it by petition to the Supreme Court.

(2) An application under subsection (1) must be commenced at a registry of the
Supreme Court located in the judicial district where the property lies.

(3) The owner or occupier must file the petition with the registrar of the court and
give notice of it in writing to the fire commissioner.

(4) The court must hear and determine the appeal and make the order it believes
proper.

(5) The decision under subsection (4) is final, except that on a point of law
an appeal lies to the Court of Appeal.

Delegation of appeal powers

29(1) The fire commissioner may delegate in writing any of the fire commissioner's
powers, duties or functions respecting an appeal under this Act.

(2) The decision of a delegate is a decision of the fire commissioner for the
purposes of section 28.

Part 2 — Escape From Fire

Escape from fire

30(1) An owner or occupier of a hotel or public building must provide means of exit
from the hotel or public building in accordance with the Provincial building
regulations.

(2) The owner or occupier must keep the means of exit unobstructed and in good
repair.

(3) The fire commissioner may order an owner or occupier of a hotel or public
building to provide or make alterations to

(4) A local assistant may order an owner or occupier of a hotel or public building
to provide or make alterations to systems of fire and smoke detection, fire alarm, fire
extinguishing and emergency lighting and means of exit, to the extent that the order
does not set requirements which exceed those established by the Provincial building
regulations.

Means of exit, etc.

31(1) In this section, "approved" means approved by the fire
commissioner.

(2) An owner or occupier of a hotel or public building which is required under this
Part to have a means of exit must do the following:

(a) keep posted in all main halls and at the intersections of all cross halls of
the hotel or public building conspicuous signs indicating the means of
exit;

(b) keep posted in each apartment or room a conspicuous notice describing the
means of exit, with instructions to be followed in the event of fire;

(c) if the building is occupied, ensure that the means of exit has approved
illumination, and if the illumination is artificial, has an approved emergency
lighting system;

(d) provide an alarm gong or similar equipment required by regulation;

(e) if the fire commissioner orders, provide and keep in good repair a sprinkler
system of an approved type;

(f) ensure that smoke and fire doors or closures are kept closed when not in use
for access, unless they are automatically controlled by an approved fire or smoke
detection system;

(g) for a hotel, hospital, community care facility or other building with sleeping
accommodation and used for the care of persons, adopt, and have the employees in the
building practise, an approved fire drill system;

(h) for a school, child care facility, children's home or other institution for
children's education or care, adopt, and have all persons in the premises practise, an
approved fire drill system.

Doors to open outward

32(1) The outside doors and the main inside doors of a building used as a church,
school, theatre, hall or place of public resort

(a) must open freely outward, and

(b) while the building is so used, must not be bolted, locked or otherwise secured
shut or obstructed in a manner that, in the opinion of the fire commissioner, prevents
the rapid exit of persons inside the building.

(2) The gates in a fence enclosing a building used as a church, school, theatre,
hall or place of public resort must, if not hung to open outward, be kept open by proper
fastenings when the building is so used.

Orders to comply with this Part

33(1) If the owner or occupier of a hotel or public building fails to provide, keep in
good repair, alter or improve a means of exit, alarm gong or other equipment required by
this Part, the local assistant authorized by this Part to inspect the hotel or public
building may in writing order the owner or occupier to comply with the requirement
within a reasonable time stated in the order.

(2) The local assistant must deliver the order to the owner or occupier, who must
comply with it.

Appeal

34(1) The owner or occupier may, within 10 days after the receipt of the order, appeal
to the fire commissioner.

(2)
Section
27 applies to an appeal and, if the order involves the expenditure of a sum
exceeding $500, section 28 also applies.

Cost of complying with this Part

35The cost of providing, keeping in good repair, altering and improving a means of
exit, alarm gong or other similar equipment under this Part is governed by the rules in
section 22
(3).

Inspection of buildings

36(1) In this section:

"building" includes a hotel, public building, church, theatre, hall
or other building used as a place of public resort;

"officer" means a local assistant and, in a municipality, the chief
police officer and any other person authorized by the municipal council to exercise
some or all of a local assistant's powers under this Part.

(2) An officer has power at any time to enter a building to inspect it and ascertain
whether this Part is being complied with.

(3) A municipal council must provide for a regular system of inspection by an
officer of buildings in the municipality.

(4) The fire commissioner and the commissioner's inspectors may exercise the powers
of an officer anywhere in British Columbia.

Repealed

Accounting for money received

40All licence and other fees, money and fines collected or recovered under this Act
must be accounted for as part of the consolidated revenue fund.

Badges for local assistants

41(1) The fire commissioner must issue a metal badge, with a serial number, to each
local assistant and to each person authorized by a municipal council under
section 26.

(2) The person to whom a badge is issued must wear and on request exhibit the badge
when engaged in the performance of duties under this Act.

(3) The badge must be returned when the authority of the holder under this Act
ceases.

Orders affecting strata lots

41.1(1) An order under section 22, 30 or 33 that
applies to a strata lot may be delivered to the strata corporation by service in
accordance with section 63 of the Strata Property Act if any of the following circumstances apply:

(a) the order cannot be delivered to the owner or occupier of the strata lot after
reasonable efforts at delivery;

(b) the order has been delivered to the owner or occupier, but the owner or
occupier does not appeal the order and does not comply with the order;

(c) the order has been upheld on appeal under section 27, 28 or 34, but the owner
or occupier does not comply with the order.

(2) An order under section 22, 30 or 33 that
applies to 6 or more strata lots

(a) is not required to be delivered to the owners or occupiers of the strata lots,
and

(b) may instead be delivered to the strata corporation by service in accordance
with section 63 of the Strata Property Act.

(3) If an order is delivered to a strata corporation under subsection (1) or (2), the strata corporation is deemed to be an
occupier of the strata lots to which the order applies and must comply with the
order.

Annual report

42By April 1 in each year, the fire commissioner must submit to the minister a
detailed report of the commissioner's administration made up to the preceding
December 31.

Actions against officers

43Without the leave of the Attorney General, an action or proceeding must not be
brought or taken against the fire commissioner or a local assistant to the fire
commissioner or an officer on the fire commissioner's staff for anything done or omitted
in the performance or intended performance of duties under this Act.

Offences

44A person who does any of the following commits an offence:

(a) obstructs the fire commissioner or a local assistant or other person in the
execution of his or her duties under this Act;

(b) refuses or neglects to admit to any building or premises for any purpose of this
Act the fire commissioner or a local assistant or other person who under this Act is
entitled to enter;

(c) contravenes a provision of this Act or regulations where no separate offence is
provided.

Offence by owner or occupier

45(1) An owner or occupier of a building or premises who fails to comply with an order
made under this Act commits an offence.

(2) A person who commits an offence under subsection (1) is liable on
conviction to the penalties provided in the Offence Act.

(3) In the case of a continuing offence, a person who commits the offence is liable
to a further penalty of not more than $50 for each day during which the offence
continues.

Offence by local assistant

46(1) A local assistant who refuses or neglects to comply with a requirement of this
Act or the regulations commits an offence.

(2) A person who commits an offence under subsection (1) is liable, on
conviction, to a fine of not more than $100.

Power to make regulations

47(1) The minister may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make regulations as follows:

(d) governing the location, construction, occupancy, ventilation and safety of
community halls, hospitals, nurses' residences, nursing homes, children's homes,
apartment houses, public garages, churches, theatres, office buildings, public halls
and other public buildings and places of a public or semi-public nature designated for
this paragraph by regulation;

(e) regulating or prohibiting the sale, maintenance, installation or use in any
building or premises, of an appliance, fixture or thing likely to cause or promote
fire;

(f) standardizing hose couplings and connections;

(g) adopting all or part of the National Fire Code of Canada and any other code or
standard on fire standards and fire safety, and amending a code or standard adopted
under this paragraph;

(h) for the purpose of adopting a code or standard under paragraph
(g)

(i) designating one or more persons to be responsible for the administration and
enforcement of the code or standard, and prescribing the powers and duties of that
person, and

(ii) establishing a system of appeal from a decision made by a person under the
codes or standards adopted.

(3) For the purposes of subsection (2) (d), the regulations may be similar or
different for different classes of buildings or different conditions.

Municipal bylaws

48(1) Nothing in this Act prevents a municipality from making bylaws relating to a
matter within the scope of this Act, but only so far as they are not repugnant to this
Act or the regulations.

(2) Nothing in this Act absolves a municipality from its duty to enforce a law or
regulation relating to a matter under this Act.